Legal Question in Real Estate Law in Maryland
Cemetery Plots
My family purchased cemetery plots some 25 years ago. The first member was buried in 1981 and the grave sunk. Therefore, the family member had to be exumed, reburied elsewhere and the family paid for the service. Now my 33 year brother has been buried in one of the plots and the same situation is occuring after a month and a half. Is there some recourse we can take without the family assuming the expenses?
2 Answers from Attorneys
Re: Cemetery Plots
Funerary and burial matters are largely that of contract. Tort claims are not recoverable unless the mortician has deviated from reasonable practices. Please search my prior responses for a similiar issue. If you would like to pursue this matter, I stand ready to assist you.
G. Joseph Holthaus III, Esq.
(410) 799-9002
Re: Cemetery Plots
The cemetery owner should be responsible for the costs of doing whatever is necessary to correct the ground conditions so that this problem does not reoccur. Otherwise, they need to relocate your graves to a more stable area.
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